Sunday, September 30, 2012

Mexico lower house approves labor reform bill

[JURIST] Mexico's Chamber of Deputies [official website, in Spanish] approved a bill after 14 hours of debate on Saturday that provides for a broad range of reforms to Mexico's labor market. The bill seeks to improve the transparency of Mexico's trade unions and make labor regulations more flexible. The bill was a bipartisan effort between the conservative outgoing National Action Party (PAN) and the more liberal incoming Institutional Revolution Party (PRI) [party websites, in Spanish]. The final version of the...

Source: http://jurist.org/paperchase/2012/09/mexico-lower-house-approves-labor-reform.php

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Paralegal Career 101: Dealing with Work-Related Stress

On this September edition of The Paralegal Voice, co-hosts Lynne DeVenny and Vicki Voisin explore the different kinds of work-related stressors many paralegals face on a day-to-day basis. They talk about the realities associated with an exciting but deadline-driven, detail-oriented paralegal job, and offer tips for both anticipating and resolving common stressors.

Source: http://legaltalknetwork.com/podcasts/paralegal-voice/2012/09/paralegal-career-101-dealing-with-work-related-stress/

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Transformers: Fall of Cybertron (PC) (Albuquerque Journal)

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Source: http://news.feedzilla.com/en_us/stories/law/video/250315839?client_source=feed&format=rss

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Just A Three Year Vacation

In 2009, Sarasota Police Officer Chris Childers got caught.  A video in the jail "sallyport" told the story of how his handling of then 21-year-old Juan Perez, drunk, was less than fitting.  The Herald-Tribune described the video at the time:

The tape shows Officer Christopher Childers pull a squad car into the jail's sallyport area with Juan G. Perez, 21, with his hands handcuffed behind him in the back seat about 8 p.m. on June 26. Childers remains in the front seat as Perez shimmies out the squad car's open back window and falls face-first onto the pavement, the video shows. The officer walks around the car and stands by Perez.

Minutes later, as Perez is trying to stand up, Childers apparently kicks him in the chest, then kicks him again. Perez falls back to the ground and Childers stands with his foot on Perez for five minutes. While Childers stands with his foot on the inmate's torso, two other law enforcement officers walk over to see what is going on and then go about their business.

Childers and another officer later pull Perez up and take him into the jail. He is brought back to the squad car, staggering but on his feet. Perez was driven to the hospital, where police said his blood-alcohol content tested at almost three times the legal limit.

This conduct got Childers fired from the police force.  The usual reaction to gratuitous abuse by cops didn't happen here. No whitewash. No hiding behind "we're investigating" until the ill-winds blow past. No vague explanations to justify the unjustifiable.  No bull.

Childers, a nine-year veteran officer and former U.S. Army Ranger, was fired after investigators concluded he violated five department policies.

In those 9 years, Childers had managed to accumulate five excessive force complaints. Since "none stuck," they don't constitute a basis to conclude he had a propensity to use excessive force, but it's included here for the same reason cops inform the newspapers about the criminal arrest record of every citizen they shoot without cause, to leave an unpleasant taste.

What followed was a show of chaos at the Sarasota Police Department, with the Chief, Peter Abbott, getting canned after being accused of trying to improperly influence Perez when he sent a detective by to offer him a quick $400 to shut down. Perez later received $40,000 in settlement. Then there was the Civil Service Board fiasco, where the board violated the sunshine law by discussing the case privately, resulting in a big money damage award of $90,000.

The case finally went before a new Board, the final arbiter of police termination.  They shrugged. No big deal, and concluded that Childers should be reinstated with back pay for the three years that elapsed.

Civil Service Board members, including former City Commissioner Ken Shelin, said they were particularly swayed by the testimony of an SPD sergeant who saw what happened and said he did not think it was egregious.

“This was really not a strong force that was used,” Shelin said, as the board deliberated. “The man was drunk as a skunk and he was going to topple over easily. And apparently, that’s all he did. It was an easy push with his foot, and the man fell over.

“I know it looks bad on the tape, and that’s one of the problems with the video of this, and the public’s perception of the video.”

Every picture tells a story, don't it?  This picture tells a story of why municipalities don't rid themselves of bad cops.  It costs too much, and they don't fare well anyway. 

They had a video.  This wasn't a matter of a citizen's complaint, which any rookie lawyer could argue is just animus or sour grapes, since police officers are sworn to uphold the law and respect the rights of citizens, which conclusively proves they would never harm anyone needlessly. "Why would they?" is the standard argument, and it's proven its vitality for decades.

They had a video, but it didn't have sound. Could that spell the difference?

The video did not capture sound, so it is difficult to say whether the officer felt threatened by Perez, or whether Perez was attempting to escape, said Maria "Maki" Haberfeld, a professor at John Jay.

However, when the other officers walk over to Childers as he stands with his foot on the inmate, it is clear the officers are in no danger, Haberfeld said.

"There was no need to keep him on the ground," she said. "It's not justified."

But Civil Service Board member, and former City Commissioner, Ken Shelin spelled it out. Perez was "drunk as a skunk." Screw him. He "was going to toppled over easily." No harm, no foul. But most importantly, "it looks bad on tape, and that’s one of the problems with the video of this, and the public’s perception of the video," which means that it wasn't bad.  No doubt you can follow the logic too.

Childers, having had three years to ponder how to explain his conduct caught on tape, offered his exonerating explanation.

Childers — who argues the word ‘kick’ does not accurately describe what he did to gain control of Perez — says he was not trying to hurt him or use any more force than necessary to keep him subdued.

He had left the window of the patrol car open, he said, so that Perez could get some fresh air as he coped with the effects of the pepper spray.

Childers said he used his foot on Perez because he was trying to keep from being spit on.

“I didn’t want to get in a close proximity to him where if he wants to spit, it would get in my face,” Childers said. “That’s why I used my feet, and my legs.”

Nothing to see here. Move along.   Police Officer Childers is back from his three year vacation.



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Source: http://blog.simplejustice.us/2012/09/25/just-a-three-year-vacation.aspx?ref=rss

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Records Show a Spike in the Use of Warrantless Surveillance

The American Civil Liberties Union released a tranche of law enforcement records on the use of two increasingly popular surveillance methods that don't require a warrant: pen registers and trap and trace devices.

Source: http://blogs.wsj.com/law/2012/09/27/records-show-a-spike-in-the-use-of-warrantless-surveillance/?mod=WSJBlog

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The Eureka Moment: How Big Law Has Learned to Love Legal Practice Management

In this September edition of Law Technology Now, host Monica Bay, editor-in-chief of ALM’s Law Technology News, joins Dechert’s Colleen Nihill, firm wide director of project management and Anthony Licata, chief financial officer, and Kim Craig, director of project management office at Seyfarth Shaw, to discuss how Big Law is adopting legal project management, especially in the context of alternative fee agreements. All three were featured in Law Technology News’ current cover story, "The Eureka Moment."

Source: http://legaltalknetwork.com/podcasts/law-technology-now/2012/09/the-eureka-moment-how-big-law-has-learned-to-love-legal-practice-management/

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The Best Paralegal Law Technology Trends

Paralegals need to know the latest trends in law practice and productivity technology to contribute to a successful law practice. For the hottest tech trends, Paralegal Voice co-hosts Lynne DeVenny and Vicki Voisin turn to Jared D. Correia, Esq., the Senior Practice Advisor for Massachusetts’ Law Office Management Assistance Program (MASSLOMAP). Jared shares his thoughts on everything from law practice management software, to cloud-based solutions and document management, to remote access and the benefits of social media. A big fan of legal support staffers, he explains why they are a key part of the legal team. This podcast is a must-listen for both paralegals and attorneys!

Source: http://legaltalknetwork.com/podcasts/paralegal-voice/2012/05/the-best-paralegal-law-technology-trends/

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High court practitioners preview upcoming term

At a roundtable discussion last month panelists looked ahead to a term that could be as important as the last one.

Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202573090423&rss=rss_nlj

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Saturday, September 29, 2012

A Whisper on the Grand Concourse

The New York Times reveals that Rob Johnson, District Attorney of The Bronx, has been doing a little something about the city's dreaded stop & frisk practice.

In a significant blow to New York City’s use of stop-and-frisk tactics, the Bronx district attorney’s office is no longer prosecuting people who were stopped at public housing projects and arrested for trespassing, unless the arresting officer is interviewed to ensure that the arrest was warranted.

Prosecutors quietly adopted the policy in July after discovering that many people arrested on charges of criminal trespass at housing projects were innocent, even though police officers had provided written statements to the contrary.
When FritzMuffknuckle sent me a link to the story, he called it a start.  He's not alone.
Steven Banks, the chief lawyer of the Legal Aid Society in New York, said that the new requirement put “a procedure in place to verify that the stop and subsequent arrest were proper.”

“This is exactly what prosecutors should be doing before proceeding with criminal prosecutions — namely making sure that formulaic statements by police officers actually have some basis to support the arrest and prosecution,” Mr. Banks said.

But is that "exactly" what prosecutors should be doing?  And if it is, should they be doing so "quietly"? It's stories like this that cause me a great deal of consternation. On the one hand, any movement away from unlawful and unconstitutional conduct is a good thing.  The specifics of this shift, trespassing at public housing, was rife with outrageous abuse, though it never seemed to play out that way at arraignment.

Yet, it gives rise to another issue that can't be ignored. Dang, I hate to raise it and seem like an ingrate, but if Rob gets it here, which by definition means that he knows cops are feedings him lies for kicks under penalty of perjury (as the information they sign says so), then why isn't he prosecuting the criminals?

And why is he doing all this quietly, when they know how to call a sweet press conference for the arrest of criminals who don't wear blue?

And if they're lying on trespass cases, what about the dropsy cases, or the "furtive movement" cases, or the assault cases where the defendant's nose viciously struck the cop's fist?

Steven Reed, a spokesman for the Bronx district attorney, Robert T. Johnson, said that the new policy of requiring interviews of officers “was discussed with the offices of the other district attorneys and the N.Y.P.D.,” but he would not comment further because of continuing litigation.

So the other DAs have chosen to persist in prosecuting cases based on lies?  And they know they're lies, yet they continue to pursue arrests? And lie to the courts? 

That Rob Johnson has chosen to pull away from this horribly wrong stop & frisk policy, even in such a small way as this, is a wonderful thing, for which I applaud him. But a principled position requires the principle to be played out all the way, or it's not really principled.  If it's not okay to fabricate complaints at will, then it's not okay, whether it's about trespassing or public display of pot after the cop pulls it from your pants pocket.

Recently, all the metropolitan district attorneys were riding tall in the saddle to proclaim how they're paragons of constitutional virtue. Rob Johnson was right in there with the brotherhood (and their wayward sister trying to horn in on the easy publicity).  They weren't shy about going public. There was nothing quiet about it.  They claimed to know right from wrong, and they were thrilled to shout that they were RIGHT!!!

So why not now?  Why is this one being held close to the vest? Why no press releases? No marching bands? No planes writing in the sky that the Constitution isn't entirely dead in The Bronx!

And what about Brooklyn?  Does Chuck Hynes say that Rob Johnson is an idiot?  Or Manhattan?  Will Cy Vance refuse to sit next to Rob at prosecutor lunches?  Same with Happy Hour?

Yet, my purpose isn't to chastise the district attorney for having moved in the right direction, even if there remains a great deal of work to be done, both within his own house as well as the houses of others.  But I'm not ready to build him a statue yet either.

Yeah, this is a tough one.  And stop & frisk continues to result in the noses of young men meeting the tan brick facade of once-grand houses on a once Grand Concourse in The Bronx.  A very tough one indeed.





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Source: http://blog.simplejustice.us/2012/09/28/a-whisper-on-the-grand-concourse.aspx?ref=rss

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Bank of America Still Banking Legal Costs

Bank of America wipes off one more unknown hanging over its head from the financial crisis with a $2.43 billion settlement today, but at the same time shows it legal costs are still piling up.

Source: http://blogs.wsj.com/law/2012/09/28/bank-of-america-still-banking-legal-costs/?mod=WSJBlog

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High court practitioners preview upcoming term

At a roundtable discussion last month panelists looked ahead to a term that could be as important as the last one.

Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202573090423&rss=rss_nlj

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The Legal Limits of Sports Violence

The infamous elbow jab of Metta World Peace, NFL "Bounty Hunters," soccer riots, high school hockey brawls ...where is the legal line drawn when it comes to violence in sports? Or is it just the nature of the game? Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams turn to Attorney Eldon L. Ham, an adjunct professor at Chicago-Kent College of Law and Professor Matthew Mitten, Director of the National Sports Law Institute at Marquette University Law School, for their take on whether there should be legal implications when an athlete goes too far.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/05/the-legal-limits-of-sports-violence/

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Ion Audio iCade Mobile (Albuquerque Journal)

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Source: http://news.feedzilla.com/en_us/stories/law/video/248335107?client_source=feed&format=rss

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The LinkedIn Lawyer

Are you on LinkedIn? Un-Billable Hour host Attorney Rodney Dowell, Executive Director at Lawyers Concerned for Lawyers and Director of LCL’s Massachusetts Law Office Management Assistance Program chats with Dennis Kennedy, lawyer and co-host of The Kennedy-Mighell Report and Allison Shields, author of Legal Ease Blog, about their recently published book, LinkedIn in One Hour for Lawyers. Dennis and Allison talk about how attorneys are using LinkedIn, and the key features that make LinkedIn a valuable networking and client development tool without consuming all of an attorney’s time.

Source: http://legaltalknetwork.com/podcasts/un-billable-hour/2012/06/the-linkedin-lawyer/

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Revisiting Citizens United in an Election Year

Since 2010, there has been great debate over the controversial ruling, Citizens United. Most recently, the Montana Supreme Court challenged the decision while Senator McCain called it "one of the worst decisions I have ever seen." Lawyer2Lawyer co-hosts and attorneys, J. Craig Williams and Robert Ambrogi welcome, Attorney Joseph M. Birkenstock, former chief counsel of the Democratic National Committee and Bradley A. Smith, Chairman and Co-Founder of the Center for Competitive Politics and former Commissioner on the Federal Election Commission, for an in-depth discussion on the impact of the ruling during an election year and its influence on the upcoming Presidential election.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/01/revisiting-citizens-united-in-an-election-year/

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Sentencing Catherine Greig

Suffolk Law Professor Chris Dearborn discusses the recent sentencing of Catherine Greig. Read more about Professor Dearborn at http://bit.ly/rafZ9N.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/06/sentencing-catherine-greig/

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Friday, September 28, 2012

Massachusetts' 3 Strikes Law

Chris Dearborn, Associate Clinical Professor of Law at Suffolk University Law School, discusses the Massachusetts 3 Strikes Law. Learn more about our nationally ranked clinical programs at http://law.suffolk.edu/academic/clinical/.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/08/massachusetts-3-strikes-law/

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Pa. Voters Battle Bureaucracy Ahead Of ID Law Ruling

Even as Pennsylvania's controversial new voter ID law faces court challenges, nonprofits and other groups are busy helping the state's voters, especially the poor and elderly, weave their way through a sometimes complicated bureaucratic process to get a photo ID before the election.

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Source: http://www.npr.org/2012/09/27/161826027/pa-voters-battle-bureaucracy-ahead-of-id-law-ruling?ft=1&f=1070

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Rainbow Moon (PlayStation 3) (Albuquerque Journal)

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Source: http://news.feedzilla.com/en_us/stories/law/video/250090988?client_source=feed&format=rss

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LB Bookshelf: Rehnquist Bio Doesn’t Pull Punches

Biographer John A. Jenkins describes the judicial philosophy of the late Chief Justice William Rehnquist as "nihilistic at its core, disrespectful of precedent, and dismissive of … institutions that did not comport with his black-and-white view of the world.”

Source: http://blogs.wsj.com/law/2012/09/26/lb-bookshelf-rehnquist-bio-doesnt-pull-punches/?mod=WSJBlog

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Using Document Assembly Tools to Improve Your Firm

Find out how document assembly tools can increase efficiency and profits at your firm on The Un-Billable Hour. Host and Attorney Rodney Dowell, Executive Director at Lawyers Concerned for Lawyers and Director of LCL’s Massachusetts Law Office Management Assistance Program and Diane Ebersole, practice management advisor for the State Bar of Michigan explain how document assembly applications have advanced in the last few years and how these applications can increase the bottom line for your law firm.

Source: http://legaltalknetwork.com/podcasts/un-billable-hour/2012/05/using-document-assembly-tools-to-improve-your-firm/

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The Latest in Court Technology for Paralegals

Find out what’s new in court technology on The Paralegal Voice. Co-hosts Lynne DeVenny and Vicki Voisin join Ted Brooks, the Founder & CEO of Litigation-Tech LLC for his insight on the latest in court technology for paralegals. Ted provides tips for paralegals getting ready for a big trial using extensive technology in the courtroom and explains how paralegals can learn the basics of commonly used trial software. Ted also gives his picks for blogs and online resources for paralegals interested in learning more about courtroom technology.

Source: http://legaltalknetwork.com/podcasts/paralegal-voice/2012/02/the-latest-in-court-technology-for-paralegals/

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Thursday, September 27, 2012

Brainless Blunders in E-Discovery Searches

Are you guilty of making big mistakes when it comes to e-discovery searches? On Digital Detectives, co-hosts Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc., and John W. Simek, Vice President of Sensei Enterprises, welcome guest Attorney Craig Ball, one of the country’s leading computer forensics technologists, to share his insights on brainless blunders in e-discovery searches. Craig also talks about recall and precision as mortal enemies, data volume rather than data quality and tips on looking at data as data rather than as documents.

Source: http://legaltalknetwork.com/podcasts/digital-detectives/2012/04/brainless-blunders-in-e-discovery-searches/

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ACLU, warning of 'total surveillance state,' seeks access to license plate reader data

The American Civil Liberties Union of Massachusetts is suing the Justice Department and the Department of Homeland Security seeking information about the government's use of automatic license plate readers.

Source: http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202572804959&rss=rss_nlj

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I'm really tired, a frequent refrain today

“I am really tired, and want to retire.”  But, retirement is out of reach for many lawyers after their homes and retirement plans took heavy hits over the last few years. “Business purgatory” is how one phrased it.

Delays in retirement are now common, with 38% in one survey saying their retirement will be at least 5 years later than expected. The income stream for many lawyers comes from their law practice. Selling, closing or merging the practice are options, but none are likely to provide the same income stream the lawyer is accustomed to receiving.

Unless the lawyer is willing to adjust one’s life style, he will remain in practice, working to build up the practice further in order to reap the rewards needed to fund retirement.

Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/2PCWh9pUbPk/

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The Luis Guaman Case

Professor Epps, Co-Director of Suffolk Law's International Law Concentration, discusses the murder trial of Luis Guaman and the extradition issues involved in the case. Learn more about our International Law concentration at http://bit.ly/Jemqnl.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/05/the-luis-guaman-case/

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'Fast And Furious' Operation Blasted On Capitol Hill

On Wednesday a government watchdog issued a report finding widespread failures with the government's "Fast and Furious" gun trafficking operation. On Thursday, the watchdog at the Justice Department, Inspector General Michael Horowitz, told a House panel that federal agents and prosecutors failed to protect public safety — and their bosses didn't pay enough attention.

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Source: http://www.npr.org/2012/09/20/161502083/fast-and-furious-operation-blasted-on-capitol-hill?ft=1&f=1070

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2011 Intellectual Property Year in Review and Outlook for 2012 - Part II: Trademarks

Attorney Peter Lando, host of IP Counsel and partner at the firm of Lando & Anastasi, LLP, welcomes John Welch, Of Counsel with Lando & Anastasi, to discuss important trademark cases and issues of 2011 that may continue well into the new year. Peter and John discuss the high profile trademark battle between designers, Christian Louboutin and Yves St. Laurent, over a trademark for the color red for shoe soles; the trademark "bullying" report from the U.S. Commerce Department; recent happenings regarding fraud at the USPTO; the latest cases interpreting the trademark statute on dilution by blurring; and the effect of the recent launch of generic TLD’s on trademark owners.

Source: http://legaltalknetwork.com/podcasts/ip-counsel/2012/02/2011-intellectual-property-year-in-review-and-outlook-for-2012-part-ii-trademarks/

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Please Refrain from Using My Refrain! Musicians Again Confront Politicians for Unauthorized Use of Songs

Nicole Rizzo Smith, Sunstein, Kann, Murphy & Timbers LLP, discusses the unauthorized use of songs by politicians in our latest IP podcast. Read Ms. Smith's article on this topic at http://bit.ly/zDEV4k.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/03/please-refrain-from-using-my-refrain-musicians-again-confront-politicians-for-unauthorized-use-of-songs/

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Inside the DePuy Hip Replacement Recall

Back in August of 2010, Johnson & Johnson and DePuy announced the worldwide recall of parts used for hip replacements. Studies pointed to an unusually high rate of revision surgeries connected to the devices. On this edition of Ringler Radio, host Larry Cohen and Attorney Navan Ward, Jr., a Shareholder at the Beasley Allen law firm, take a look at the DePuy Hip Replacement Recall and the litigation surrounding DePuy.

Source: http://legaltalknetwork.com/podcasts/ringler-radio/2011/12/inside-the-depuy-hip-replacement-recall/

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Wednesday, September 26, 2012

Smoke Cleared, Texas Gun Owners Remain Wary

Texas was once the center of the movement to safeguard gun rights. Today, nearly every fight has been won in the state, and indeed around the country. While gun owners in East Texas celebrate and cherish their rights, they remain distrustful.

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Source: http://www.npr.org/2012/09/19/161029822/smoke-cleared-texas-gun-owners-remain-wary?ft=1&f=1070

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Are American Law Schools Failing Students?

In his new book, Failing Law Schools, Washington University Law Professor Brian Tamanaha claims the American law school system is broken. He blames many institutional practices including skyrocketing tuition, bloated faculties, and unnecessary school rankings. But is this a fair critique? Lawyer2Lawyer co-hosts and attorneys, Craig Williams and Bob Ambrogi, examine these issues and more with Professor Tamanaha and Dean Susan Poser from the University of Nebraska College of Law.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/06/are-american-law-schools-failing-students/

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Act Two: Legal Tech Pioneers Return to Compete in Legal Tech Market

On Law Technology Now, host and Law Technology News magazine editor-in-chief, Monica Bay joins William Bice, co-founder and chair of LiquidPractice, and Graham Smith, founder and CEO of Opus 2 International, to talk about Law Technology News’ April cover story, "Act Two." Bice and Smith explain why they decided to return to the legal technology community after selling ProLaw and LiveNote to an industry giant.

Source: http://legaltalknetwork.com/podcasts/law-technology-now/2012/03/act-two-legal-tech-pioneers-return-to-compete-in-legal-tech-market/

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Ex-Goldman Programmer Seeks Legal Fees from Investment Bank

A one-time Goldman Sachs Group Inc. computer programmer sued his former employer for legal fees as he faces criminal charges for a second time in the alleged theft of the investment bank’s confidential computer code for its high-speed trading system.

Source: http://blogs.wsj.com/law/2012/09/26/ex-goldman-programmer-seeks-legal-fees-from-investment-bank/?mod=WSJBlog

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Planning for Your Digital Estate

With so much of your key information and assets migrating online, it’s a challenge to remember all your passwords and accounts. So just imagine the headaches your spouse or family will have trying to figure it all out once you pass away. On this Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell discuss how to prepare your “digital estate” before death or incapacity. After you listen, be sure to check out Tom & Dennis’ co-blog and book by the same name, The Lawyers Guide to Collaboration Tools and Technologies.

Source: http://legaltalknetwork.com/podcasts/kennedy-mighell-report/2012/05/planning-for-your-digital-estate/

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France high court upholds oil company liability for 1999 spill

[JURIST] The French Court of Cassation [official website, in French] on Tuesday upheld [judgment, PDF, in French] a lower court's 2008 decision finding French oil company Total [corporate website] and several other defendants criminally liable for an oil spill that occurred of the coast of Brittany in 1999. Over 20,000 tons of oil seeped from an oil tanker called Erika, which Total chartered from an Italian company, decimating 400 kilometers of coastline and causing harm to wildlife. Total was found...

Source: http://jurist.org/paperchase/2012/09/france-high-court-upholds-oil-company-liability-for-1999-spill.php

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The iPad Practice

Do you use an iPad in your legal practice? On The Un-Billable Hour, host Attorney Rodney Dowell, chats with Tom Mighell, the author of three books about the use of iPads, iPad in One Hour For Lawyers, iPad Apps in One Hour For Lawyers, and soon to be released, iPad in One Hour for Litigators, about the explosive growth of the use of iPads in the legal profession, and Tom’s favorite productivity and entertainment apps for the legal iPad.

Source: http://legaltalknetwork.com/podcasts/un-billable-hour/2012/08/the-ipad-practice/

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The Legal End of Affirmative Action?

The U.S. Supreme Court has agreed to hear "Fisher v. University of Texas." This case could bring about the end of college admissions policies based on race. Lawyer2Lawyer co-hosts and attorneys, J. Craig Williams and Bob Ambrogi, along with Huffington Post Supreme Court Correspondent Mike Sacks and UCLA School of Law Professor Richard Sander, examine the possible fate of affirmative action in college admissions.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/02/the-legal-end-of-affirmative-action/

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Tuesday, September 25, 2012

The Controversial War on Drugs

Back in 1971, Richard Nixon declared a "war on drugs" claiming "America’s Public Enemy No. 1 in the United States is drug abuse". Forty years later, we are still waging a war against drugs. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams join Ethan Nadelmann, founder and executive director of the Drug Policy Alliance and Judge Jim Gray, author of Why Our Drug Laws Have Failed and What We Can Do About It, as they spotlight the controversial war on drugs including: the legalization of Marijuana, the rise in prescription drug use, sentencing reform and what needs to happen legally to eliminate this growing problem.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/07/the-controversial-war-on-drugs/

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The Pros And Cons Of Gathering Biometric Data

The FBI plans to move forward with a facial recognition system that's set to be fully implemented by 2014. Facial recognition is just one part of many biometric tools the FBI eventually plans to use to gather and store intelligence information, including fingerprint searches and iris scans.

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Source: http://www.npr.org/2012/09/18/161355293/the-pros-and-cons-of-gathering-biometric-data?ft=1&f=1070

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So, You're Saying I Shouldn't Let My 2-Year-Old Sit In My Lap And Drive?

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Cars are not toys. Facebook is not a toy. These parents, hopefully, have learned these lessons. As reported by khou.com:

The parents allowed their two-year-old boy to steer their moving car while sitting in his dad’s lap. They posted the video on Facebook, which caused someone to turn them in.
No legal action was taken, but experts say the parents violated child restraint laws and other traffic laws.
The video showed the boy with both his hands on the wheel. His dad’s left hand was also on the wheel, helping to guide the car.
The boy’s father, who is in the army, fears he could get kicked out of the military because of his actions. Both parents said they were sorry for what they otherwise thought would just be a cute idea.
Kicked out of the army? The Juice hopes not. A parenting class, though, is definitely in order. Here's the source, including a video news story about the incident.

Source: http://rss.justia.com/~r/LegalJuiceCom/~3/-KPSYrU1U2w/post_498.html

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LawBiz® Legal Pad: Pre-owned Car

Interested in making your firm more profitable? This video is for you.

Source: http://feeds.lexblog.com/~r/LawBizBlog/~3/lUlFDtUbdDc/

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Is That A Loris In Your Pants, Or ...

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Sure, the "is that a ... in your pants" is not a not totally uncommon theme. Still, a loris? As reported by the BBC:

Two of the men were found with slender lorises concealed in pouches in their briefs, a customs official at Indira Gandhi International Airport told the BBC.
Yes, they had lorises in their underwear! How were these clever gents caught?
The animals were uncovered when security guards noticed a bulge in their underwear during a frisk.
You can read more (a fair amount) here.

Source: http://rss.justia.com/~r/LegalJuiceCom/~3/xI-Fhg9_cTg/post_492.html

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E-Discovery: 2011 Year in Review

On this January edition of Law Technology Now, host and Law Technology News’ editor-in-chief, Monica Bay joins Cecil Lynn III, e-discovery counsel at Littler. Lynn, who is based in Phoenix, offers a sneak preview of his second annual "Year in Review" analysis of 2011’s most important electronic data discovery rulings.

Source: http://legaltalknetwork.com/podcasts/law-technology-now/2012/01/e-discovery-2011-year-in-review/

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The Return of Black Lung and the Law

A recent investigation found the rate of miners diagnosed with Black Lung Disease is surging after nearly three decades of decline. Some blame lenient regulations, lax enforcement, even manipulation of air samples from mines. Lawyer2Lawyer co-hosts and attorneys, Bob Ambrogi and Craig Williams, get the reasons behind this shocking increase and a breakdown of Black Lung litigation from Chris Hamby, the author of the Center for Public Integrity report, and Attorney Stephen Sanders, the director of Appalachian Citizens’ Law Center.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/07/the-return-of-black-lung-and-the-law/

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The Perfect Real World Problem for a Trademark Class

In this week's IP Podcast, Professor Megan Carpenter of Texas Wesleyan University School of Law discusses teaching IP in the midst of a trademark dispute. Learn about Professor Carpenter at http://bit.ly/wwylwM.

Source: http://legaltalknetwork.com/podcasts/suffolk-law/2012/02/the-perfect-real-world-problem-for-a-trademark-class/

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Monday, September 24, 2012

Back to School Spotlight on Law Students

It’s about that time of year again where law students brush off the summer days and head back to school. In this very special "Back to School" edition of Lawyer2Lawyer, co-host and attorney, Craig Williams, chats with law students Daren Gottlieb from Western State College of Law in Fullerton, California and Han Fang from New England Law Boston, about why they chose law school, top concerns, personal goals, jobs, competition and next steps after graduation.

Source: http://legaltalknetwork.com/podcasts/lawyer-2-lawyer/2012/08/back-to-school-spotlight-on-law-students/

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Not A Typical "Afternoon Delight"

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A couple doing something sexual while driving on Interstate 95 in Florida was just the beginning of this escapade. As reported by The Florida Times-Union:

Around 3 p.m. Sunday near the Nassau County line, a man and woman engaged in a sex act were spotted from the another lane. Then the woman, who the report said was “naked and could be seen clearly by everyone in the area,” started to climb into the driver’s lap.
Louis Carr, 24, told deputies the driver, later identified as [Ernest Felix] Gonzales [27], slowed down as soon as he realized people were watching.
Show's over. Go ... No? It's not over?
[Gonzalez] got behind Carr’s pickup and began tailgating and trying to pass.
Carr told deputies that as he drove to his father’s restaurant and bar on U.S. 17 in Yulee, Gonzales tried to run him off the road and into a guardrail.
Yikes.
When Carr pulled into the parking lot, an angry Gonzales jumped out of the sport utility vehicle and [Suzanne] Welker [31] got out with a gun at her side. When a woman at the business told Welker they didn’t want a gun there, it was pointed at her, the report said.
Now she's pointing a gun at a bystander?
When the witnesses told Gonzales and Welker they were calling police, the couple got in their vehicle and left.
Whew. What about the perps?
They were found at their residence in the 3900 block of First Avenue in Fernandina Beach and arrested.
The vehicle and a handgun found in the glovebox were seized.
Doh!
In addition to indecent exposure, Gonzales and Welker were charged Sunday with aggravated assault for pulling a gun, according to the Nassau County Sheriff’s Office.
Here's the source.

Source: http://rss.justia.com/~r/LegalJuiceCom/~3/N0XHiPZTi1s/post_499.html

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Content Marketing for Lawyers

If you want to market your practice by leveraging your expertise, content marketing may be your answer. Jared Correia, the host of The Legal Toolkit and Senior Law Practice Advisor with Mass. LOMAP, interviews Gyi Tsakalakis, the director of web marketing for AttorneySync, to get the skinny. Jared and Gyi discuss different types of content marketing and distribution platforms, the efficacy of paywalls and the skill set lawyers need to become effective content marketers.

Source: http://legaltalknetwork.com/podcasts/legal-toolkit/2012/08/content-marketing-for-lawyers/

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A Look Back at 2011 E-Discovery News and Hot ESI Trends for 2012

In 2012, we anticipate a riveting period of progression and change in the rapidly evolving context of e-discovery. On The ESI Report, host Michele Lange, Attorney and Director of Thought Leadership at Kroll Ontrack welcomes Magistrate Judge David Waxse from the U.S. District Court in Kansas and Alitia Faccone, partner at McCarter & English, to discuss the forecast for e-discovery in the new year and countdown to some of the hottest trends in this vibrant intersection of law and technology. In the Bits & Bytes Legal Analysis, Kroll Ontrack Legal Correspondent, Elliot Westman, looks back and navigates some of the biggest waves generated by e-discovery case law in 2011.

Source: http://legaltalknetwork.com/podcasts/esi-report/2012/01/a-look-back-at-2011-e-discovery-news-and-hot-esi-trends-for-2012/

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Ouch! Lessons Learned from the Morgan Lewis’ Redaction Disaster

Digital Detectives co-hosts, Sharon D. Nelson, Esq., President of Sensei Enterprises, Inc.,and John W. Simek, Vice President of Sensei Enterprises, join Christine Musil, the Director of Marketing for Informative Graphics, as they take on the Morgan Lewis’ Redaction Disaster. In that case, Morgan Lewis accidentally filed an exhibit that contained unredacted information, information its client had spent a lot of money to protect from disclosure. Christine explores the most common redaction mistakes, how these mistakes can be avoided and the benefits and pitfalls of electronic redaction vs. the traditional paper-based method.

Source: http://legaltalknetwork.com/podcasts/digital-detectives/2012/08/ouch-lessons-learned-from-the-morgan-lewis-redaction-disaster/

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Not Your Average Case Of Husband Abuse

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No, she didn't hit him with a frying pan. She didn't throw something at him. You can keep guessing, but you won't get it. As reported by The Northwest Florida Daily News:

On Aug. 30 two Okaloosa County Sheriff's deputies were called to a Country Breeze Lane residence about a disturbance. Once there they interviewed a husband and wife, the apparent source of the disturbance.
The man said he'd been involved in an argument with his wife over a text message. He came about 8:30 that night and the argument continued, with his wife following him around the house, yelling in his face.
While in the bedroom, she allegedly jumped on his back and put her arm around his neck. He removed her arm, but then she grabbed him from behind and placed her fingers in his mouth, pulling his mouth apart, the arrest report indicated. This was said to have caused a small cut in his mouth.
She jammed her fingers in his mouth and pried it open! Yikes. So what did she say happened?
The woman told deputies she had found out her husband was cheating on her and she'd told him not to come home. As they argued, somehow her fingers "ended up in his mouth," the deputy wrote.
Yeah, that happens to The Juice all the time. Next thing you know, your fingers just end up in someone's mouth!
The woman was charged with misdemeanor battery.
Here's the source.

Source: http://rss.justia.com/~r/LegalJuiceCom/~3/pyeRPo65Zfs/post_491.html

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